RIM TRAIL EXTENSION PROJECT

DECISION MEMO For RAINBOW RIM TRAIL EXTENSION PROJECT Located on National Forest System Lands USDA Forest Service, Southwest Region Kaibab National Forest - North Kaibab Ranger District T.35 N, R.1 E, Sections: 25, 26, 27, 34, 39, 32, 31, 36. Coconino County, Arizona State I. Background The USDA Forest Service, Kaibab National Forest North Kaibab Ranger District has chosen to extend the existing Rainbow Rim trail #10 (currently 18.1 miles in length) from its southern terminus at Timp Point, east 8.0 miles along Forest Service (FS) road 271 and through Squaw canyon. The first 4.5 miles of the new 8.0 mile extension will require breaking ground with motorized equipment (sweco trail dozer), cutting small diameter trees (only trees less than 6 diameter) with power saws, and constructing new trail tread (i.e., the footpath surface) using a variety of hand-tools. The remaining 3.5 miles of the 8.0 mile extension (from the junction of the FS road 250/Squaw canyon) will be built on the existing road bed of the decommissioned FS road 945, and will require minimal (i.e., little-to-no) ground disturbance and tread construction, the primary disturbance will be digging holes for new signs. Trail work on this project would begin as early as fall of 2012 and would be completed in approximately two years (fall of 2014). A new trailhead at the easternmost segment of the trail will also be created (where the trail crosses the FS road 292), and would include a buck/rail fence and double panel trailhead sign, there will not be ground breaking for a parking area. Visitor use on the Rainbow Rim trail has increased, as has the public demand for more nonmotorized dispersed camping opportunities adjacent to the trail, in locations other than the already heavily used rim area. Since the Rainbow Rim trail is at a higher elevation, most use is seasonal and occurs late spring to early fall. The Rainbow Rim trail and vicinity falls under the semi-primitive/non-motorized ROS class, the trail extension will provide greater opportunities for multiple uses on the trail, as well as creating an outlet for dispersed camping within this ROS class. The 8 miles proposed would be the first of two extensions that would create a loop trail connecting the south and north ends of the existing trail. The second phase of the project will be the remaining 7 miles through Parissawampitts canyon, with National Environmental Policy Act (NEPA) to be initiated in late 2013 (or later), as part of the future Rainbow Rim Trail Management Environmental Assessment (EA). November 2012 Page 1 of 11

Project Location: The Rainbow Rim Trail Extension Project is located within Coconino County, Arizona. The Rainbow Rim Trail number 10 and the trail extension are located in the vicinity of the southsouthwestern most portion of the North Kaibab Ranger District (NKRD) of the Kaibab National Forest (KNF). See Map 1 for general vicinity or location. The current trail exists from Timp Point east/northeast to the head of Parissawampitts canyon. The additional or new trail will extend from the southern terminus at Timp Point, east approximately 8 miles along Forest Service (FS) Road 271 and 271B through Squaw canyon. See attached maps 1 and 2. The project lies within the Two Springs Ecosystem Management Area (EMA), which is a 17,151 acres landscape located in the southwest corner of the Kaibab Plateau Forestland that is Geographic Area 13. [See Forest Plan, pgs 3-4, & pgs 36-48] Geographically, the project area is a narrow strip of forested land located south of FS roads 271 and the majority of FS road 271 B, two-and-a-half miles north of the USFS & NPS boundary. The project area s legal location for the proposed trail route crosses or lies within portions of the following Sections: T35N, R1E, Sections 25-27, & 31-35; T35N, R1W, Section 36; T34N, R1E, Section 6, & T34N, R1W, Section 1, (within Coconino County, Arizona), of the Gila & Salt River Baseline & Meridian. (See Maps 1 and 2.) II. Decision and Rationale My Decision is to allow or proceed with the construction, re-construction, and maintenance activities associated with the Rainbow Rim Trail Extension project. This Decision has been made following a process, which included; a review of information provided by the assigned project lead, a review of the Forest Service regulations concerning Trail Management Objectives, and a review of applicable sections of the Forest Plan (i.e., the Kaibab National Forest Land Management Plan, April 1988, as amended), as well as internal scoping by Forest Service Resource Specialists to identify any potential concerns or issues that might be applicable to the project (i.e., construction, re-construction, and improvements or maintenance to the trail). This project and its associated Decision are categorically excluded from documentation in an environmental impact statement or environmental assessment, in that there are no extraordinary circumstances to the proposed event, and that the proposed action/event is one of the categories identified in the Forest Service Handbook (FSH). This project is suitable for categorical exclusion under FSH 1909.15-32.2(1) Construction and reconstruction of trails. [Examples included but are not limited to: Constructing or reconstructing a trail to a scenic overlook.] [Cited as category 36 CFR 220.6(e)(1)] November 2012 Page 2 of 11

FINDINGS: A trail called the Rim Trail, as shown on the USDA Forest Service Tim Point, AZ, 7.5-Minute series Topography map of the area, was previously established at one time in the same area, but due to low levels of use it became overgrown or was indistinguishable from the surrounding forested area through which it passed. This Decision Memo allows the re-establishment of the trail in the same general area and documents the approval to construct or convert approximately 8.0 miles of trail in the rim area. This project is listed on the USDA Forest Service web site at the following link: http://www.fs.fed.us/nepa/nepa_project_exp.php?project=35820 Consistency with the Forest Service s Mission Statement: The Forest Service s mission states: It is the mission of the USDA Forest Service to sustain the health, diversity, and productivity of the Nation s forests and grasslands to meet the needs of present and future generations. With the increase demand and need for hiking, biking and equestrian trails as a recreation activity, the NKRD is meeting the present and future demand with regards to trails use and need in this area. Additionally, there are no mountain biking or equestrian opportunities within the boundary of the Grand Canyon National Park at the north rim. Findings Required by Other Laws, Rules, and/or Regulations (as amended): The project is consistent with all other Federal, State, and/or local laws or requirements for the protection of the environmental and cultural resources. This decision is fully consistent with the National Environmental Policy Act of 1969, the National Forest Land Management Act of 1976, the Endangered Species Act (1973), the National Historic Preservation Act (1966), the Clean Water Act (1972), the Grand Canyon Game Preserve Act and other relevant laws and regulations under which the Forest Service operates. The Endangered Species Act of 1973 Project resource specialists evaluated the project for compliance with the Endangered Species Act and other laws, rules, and regulations (as applicable), and determined that there were no effects which required further Environmental Analysis. Since the cutting of trees is limited to trees 6-inches and less in diameter, there is no effect on Mexican spotted owl habitat. California condor conservation measures are included in Appendix A to this Decision Memo. Migratory Bird Treaty Act of 1918, - There will be no known substantial losses of migratory bird habitat expected from the implementation of this action. The National Historic Preservation Act of 1966, as amended - This project does not include ground disturbing activities and no impacts to cultural resources are expected. The project is consistent with Forest Plan direction and Section 106 of the National Historic Preservation Act. Other Laws or Requirements - Additionally, the following laws rules and regulations were considered regarding the decision making process for the proposed action or activity: the Clean November 2012 Page 3 of 11

Water Act (1972), the Grand Canyon Game Preserve Act of 1919, the National Forest Management Act of 1976, and all other relevant laws and regulations under which the Forest Service operates. Agency Resource Specialists or Inter-Disciplinary Team (IDT) member Review: On June 14, 2011, an agency inter-disciplinary team (IDT) of resource specialists from the North Kaibab Ranger District initiated an internal review of the Rainbow Rim Trail Extension. Based on the IDT review (see IDT Internal Scoping Comments Master Copy dated July 26, 2011), and review of other applicable laws, rules and regulations, it was determined that no extraordinary circumstances exist which would preclude pursuance of the Rainbow Rim Trail Extension project. Resource conditions considered in determining whether extraordinary circumstances exist as they relate to the project s actions, and whether or not they warrant further analysis and documentation in an EA, included but were not limited to the following: (1) Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species; {Answer: Mexican spotted owl habitat adjacent to the project area, see Appendix A for mitigation measures. Also, California condor conservation measures will be applied to the project activities for reference. See Appendix A for mitigation measures.} (2) Flood plains, wetlands, or municipal watersheds; {Answer: The project is not located within or near floodplains, wetlands, or municipal watersheds; no perennial streams exist within the project area and very few intermittent streams exist.} (3) Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas; {Answer: The project is not within or directly adjacent to a designated wilderness area. The project is adjacent to the Forest Service and Grand Canyon National Park boundary line. However, the FS has informed and coordinated with the Park Service with regard to the planning efforts related to this project and we received no negative feedback from the Park Service with regards to the proposed project.} (4) Inventoried Roadless Areas (IRAs); {Answer: The project is not within or near any IRAs.} (5) Research natural areas; {Answer: The project is not located within or near research natural areas.} (6) American Indian cultural sites, Archaeological sites, or historic properties or areas; {Answer: The project area was completely surveyed for heritage resources during the summer of 2009, fall of 2011, and during previous years surveys. State Historic Preservation Office (SHPO) concurrence was received on 7/7/2011. No heritage sites are located within the project boundary. There are no Cultural, Archeological or Heritage Resource concerns.} November 2012 Page 4 of 11

The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion (CE). It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist. (36 CFR 220.6(b)). Public involvement was included through a notification process, which included contacting other federal, state, and local agencies, Native American tribes and groups, conservation groups, local land owners, and other interested parties. Issues raised through the public involvement process as part of the NEPA review for the project, were evaluated by the appropriate resource specialists and the IDT to determine is the issues raised were significant enough to alter the project or require further evaluation through an Environmental Assessment. Public issues addressed by the Project Lead and IDT were addressed appropriately and were considered not to be significant with respect to the project s proposed activities. Based on the best available information (i.e., science, environmental analysis, past experience upon the district, and professional judgment by resource specialists assigned to the NKRD) the effects of the trail extension and road-to-trail conversion would be limited in context and intensity, resulting in little to no impacts to either the physical or biological components of the environment. The project would have little to no effect on the specified resources. There are mitigation and or conservation measures which should be applied to the proposed action to ensure that there is conformity with the Forest Plan and other applicable laws, rule, and regulations. Mexican spotted owl (MSO) and California condor conservation measures will be provided to staff and work crews involved with the project. (See Appendix A). Similar Projects in the Region: In July of 2008, the Coconino National Forest, approved additions to the Flagstaff Loop Trail, which is a developed 48-mile trail around Flagstaff in cooperation with Coconino county Parks & Recreation and the Flagstaff Biking Organization. The improvements were considered under a Categorical Exclusion and approved through a Decision Memo, and the new trail construction at that time included improvements at several locations and totaled approximately 14 miles. Forest Plan Consistency: The Kaibab National Forest Land Management Plan (April 1988, as amended). Hereafter referred to as the Forest Plan was reviewed in consideration of this project. This decision is responsive to guiding direction contained in the Forest Plan (pg. 21, Table 12; pgs. 22-34.2; & pgs. 36-48) and is consistent with the goals, standards and guidelines contained in the Forest Plan. The project is located within the Ecosystem Management Area number thirteen (13), otherwise referred to as Geographic Area 13 (GA-13), and the proposed actions are consistent with the Forest Plan forest-wide and management area goals, direction, standards, and guidelines for GA-13. Per page 18 of the Forest Plan, a Wildlife Goal is to identify and protect areas that contain threatened, endangered, and sensitive species of plants and animals. Consultation with November 2012 Page 5 of 11

the U.S. Fish and Wildlife Service is required when activities have the potential to impact protected species. Since the proposed construction is limited to only cutting trees (as needed) that are 6-inches or less in diameter, there is not effect on MSO habitat. III. Public Involvement Public comments were solicited from a select group of stakeholders (i.e., agencies, organizations, and persons) who potentially have interest in or could be affected by the trails improvement project. A scoping letter, accompanied by a scoping notice and project location map was sent out to stakeholders. The original scoping period started July 20, 2011 and ended August 20, 2011. The proposed action is categorically excluded as construction and reconstruction of trails is covered under 36 CFR 220.6(e)(1). Per FSH 1909.15, 32.2, a project case file is required and will be maintained for this Decision Memo and corresponding project. The project or case file should contain the supporting documents, references, and/or record, and as a minimum it should include any records prepared, such as: the names of interested and affected people, groups, and agencies contacted; the determination that no extraordinary circumstances exist; a copy of the decision memo; and a list of the people notified of the decision. (36 CFR 220.6(e)) For the duration of project field activities the project or case file will be maintained and will be available for review at the North Kaibab Ranger District office located in Fredonia, Arizona. Since the signing of the Decision Memo for the CE did not take place prior to the March 19, 2012 judicial ruling in Sequoia ForestKeeper v. Tidwell, in which the District Court issued an order and injunction requiring CEs to follow a NEPA and legal notification process similar to EAs, the Forest Service had to re-scope the proposed action and Rainbow Rim Trail Extension CE. The Forest Service did solicit input or comments from certain interest groups or stakeholders as part of the Scoping and notification process for this project though a mailing and on-line process that lasted 30-days. Scoping and notification of the proposed action was performed to a refined listing of potential stakeholders for the North Kaibab Ranger District regarding such activities. A legal notice was published in the Arizona Daily Sun (Flagstaff, AZ newspaper of record) on Saturday April 14, 2012. The public comment period started April 15, 2012 and ended May 15, 2012. The legal notice was followed by a public mailing (sent to select or interested stakeholders) from the Forest Service on April 18, 2012. Comments from the initial scoping period in July-August of 2011 were considered to be applicable. The NKRD received 19 comment letters and/or e-mails in all. Of these 19, 3 letters were regulatory compliance in nature (one from the U.S. Fish and Wildlife Service, one letter from the Arizona Department of Environmental Quality, and one letter from the Hopi Tribe); 14 letters or e-mails were supportive of the project, and 2 letters from the same entity raised questions or issues and was objectionable in nature. The Grand Canyon Chapter of the Sierra Club (GCCSC) and the Center for Biological Diversity (CBD) submitted a joint letter November 2012 Page 6 of 11

with six (6) issues or concerns on August 15, 2011 (i.e., the initial scoping period for the CE). The NKRD s interdisciplinary team (IDT) of resource specialists reviewed the six issues raised by the GCCSC & CBD and addressed them adequately in a response letter from the Forest Service to GCCSC dated February 9, 2012. The GCCSC and CBD thus responded with a second letter received March 21, 2012. First, with regard to whether or not the area is considered a sensitive area as described by GCCSC and CBD. 90 % of the trail route is within Ponderosa Pine and aspen; only a small percentage is within mixed conifer and other vegetation types. The FS has evaluated the proposed action and any potential effect with regard to both Mexican spotted owl and Northern goshawk habitat. Mitigation measures have been developed and will be implemented during project field activities. (See Appendix A attached). With regard to the issue about the development of an upcoming trail management plan as part of this project, that particular action is a separate NEPA action or activity because it covers the administrative procedures and operations and maintenance issues related to the trails system as a whole, not construction of the trails as covered under this particular CE. Administrative procedures (including rules, regulations, or policies) such as establishing a management plan with regards to use and maintenance of a trails system should be covered under a separate CE or EA, as applicable. IV. Appeal Review (Appeal) Opportunities In light of a recent court ruling (Sequoia ForestKeeper v. Tidwell, 11-cv-00679-LJO-DLB (E.D. Cal.)), the Forest Service will provide public notice, comment, and opportunity for administrative appeal for projects and activities documented with a Decision Memo (36 CFR 220.6(e)) until new instructions are issued by the Washington Office, or the Agency issues regulations addressing the Court s ruling. This decision is subject to appeal; only those who provide comment or express interest in this proposal during this comment period will be eligible to appeal the decision pursuant to 36 CFR part 215 regulations. Appeals must meet content requirements of 36 CFR 215.14. A written appeal, including attachments, must be postmarked or received within 45 days after the date this notice is published in the Arizona Daily Sun (Flagstaff, AZ), the official newspaper of record. The appeal shall be sent to the Kaibab National Forest, ATTN: Mike Williams, Appeals Deciding Officer, 800 South 6 th Street, Williams, AZ 86046. Appeals may be faxed to 928-635- 8208. Hand-delivered appeals must be received within normal business hours of 8:00 a.m. to 4:30 p.m. Appeals may also be mailed electronically in a common digital format to appealssouthwestern-kaibab@fs.fed.us. November 2012 Page 7 of 11

Map 1, Project vicinity map November 2012 Page 9 of 11

MAP 2, Project area map November 2012 Page 10 of 11

APPENDIX A Threatened or Endangered Species MITIGATION MEASURES per the Biological Resources Compliance Documentation Record / Checklist As per project design trees greater than 6-inches in diameter at breast height (i.e., approximately 4.5 feet above ground) will not be removed. Implementation activities will not occur within ¼ mile of an active goshawk nest between March 1st and September 30th. Please report all wildlife sightings during project implementation to the district biologist. CALIFORNIA CONDOR CONSERVATION MEASURES 1) Prior to the start of the project, the District will contact personnel monitoring California condor locations and movement to determine the locations and status of condors in or near the project area. 2) If condor nesting activity is known within 0.5 miles of the project area, then activity in the project area will be restricted during the active nesting season. 3) If a condor occurs at the construction site, activity that may result in injury to the individual will cease until it leaves on its own or until techniques are employed by permitted personnel which results in the individual condor leaving the area. 4) Project workers and supervisors will be instructed to avoid interaction with condors and to immediately contact the appropriate District or Peregrine fund personnel if and when condors occur at a construction site. 5) No non-permitted personnel will haze condors. 6) The project site and associated (e.g., camp) areas will be cleaned up at the end of each day the work is being conducted (e.g., trash removed, scrap materials picked up) to minimize the likelihood of condors visiting the site. 7) To prevent water contamination and potential poisoning of condors, a vehicle fluidleakage and spill plan will be developed and implemented. It will include provisions for immediate clean-up of any hazardous substance, and will define how each hazardous substance will be treated in case of leakage or spill. November 2012 Page 11 of 11